Tag Archive: data protection

Background checks aka pre-employment screenings in Germany

Many companies refuse to settle for the information provided by the applicant on job applications and in personal interviews. So-called background checks (also known as “pre-employment screenings”) therefore enjoy great popularity among employers in the US and the UK as a measure to investigate the potential employee’s background. This screening may be conducted by the …

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Social Media in the employment context and the new EU General Data Protection Regulation (GDPR)

Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public (e.g. for employer branding and in recruitment) and to communicate within the workforce. However, both sides should be aware that the …

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Video surveillance is permissible in a shop’s back room with social area

According to the Labour Court Oberhausen (Arbeitsgericht, ArbG), video surveillance of a storage room with an area used by the employees to spend their work breaks is permissible. The employee cannot claim compensation for breach of privacy or file for injunctive relief. In the relevant case the employer monitored the shop’s back room via video …

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Fake camera in the workplace – No co – determination right for works council

The works council does not have a co-determination right where the employer installs a fake security camera on the premises. This question was subject to a decision issued by the higher labour court Mecklenburg-Vorpommern dated 12 November 2014, docket number 3 TaBV 5/14. The employer, a clinic, had installed a fake camera at the back …

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Protection of confidential business secrets – Sharing sensitive company data among works councils of group companies

Passing on business secrets by employees to third parties may be a criminal offence and therefore potentially justify an immediate dismissal for cause. In a recent ruling the regional labour court (Landesarbeitsgericht, LAG) Schleswig-Holstein decided that sharing sensitive company data among works councils of group companies may not always justify a dismissal (March 4th, 2015; docket …

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Use of a promotional film after the end of an employment

Can an employer publish a promotional film after an employee, who appears in the film, is no longer employed by the company? The Federal Labour Court (Bundesarbeitsgericht, BAG) decided upon this matter on February 19, 2015 (docket number: 8 AZR 1011/13). The defendant had commissioned the production of a promotional film about its company in …

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Say cheese at the car wash – taking photos of ill employees

Taking pictures in public of an employee who is supposedly sick violates the employee’s general right of personality (Allgemeines Persönlichkeitsrecht, APR). However this violation can be justified by the employer’s interests. In the case at hand (docket number: 10 SaGa 3/13), the plaintiff was absent on sick leave when his immediate supervisor coincidentally ran into …

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